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HomeMy WebLinkAbout2022 CON Southern California Precision Concrete, Inc. - Concrete Cutting and Asset EvaluationAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corpolAtion ("CITY"), and SOUTHERN CALIFORNIA PRECISION CONCRETE, INC, a California corporation ("CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide services, equipment, and materials for concrete cutting and asset evaluation to assist in the repair and maintenance of City sidewalks. WHEREAS, the CITY has determined that the CONSULTANT is a sole..source product manufacturer, maintenance, and surveying company and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORX, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONS TANT. The CITY agrees to engage the CONSULTANT to provide services, equipment, and materials for concrete cutting and asset evaluation and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and condition s contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or pnder-direct supepision, of the CONSULTANT. 2. EFFECTIVE DATE AND. EN TR GRE MENT. This Agreemetit shall not become effective and binding until fay executed by both the CITY and CONSULTANT. The duration of this Agreement is for the period of July 1, 2022 through June 30, 2025. This Agreement may be extended bymutual agreement upon the .same terms and conditions 'for an .additional one (1) year term. The Parties may -exercise up to three one-year extensions. Any non -compensatory extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The- CONSULTANT will perform. services as set forth in the attached Exhibit "A". -• The CONSULTANT shall be responsible for all research and reviews related to the. work and shel not rely on personnel of the CITY -for such services, except as authorized j advance by the CITY, The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The .CITY may unilaterally, or upon request from the CONSULTANT,, from time to time reduce or increase the .Scope of Services to be performed by the CONSULTANT under Standard Agreement Page 1 of 12 City ofNationat City and Revised July 2021 SOUMERN CALIFORNIA, PRECISION CONCRETE, INC. this Ageement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PRO CT C INATION AND SUPER JON. Director of Public Works/City Engineer hereby is designated as the Project Coordinator for the carry and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Kevin Stengel thereby is designated as the Project Director for the CONSULTANT. S. CO ENSA iN PA The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked, and also materials, if any. The total cost for all work described in. Exhibit "A" shall not exceed $49,061 AS. The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within, thirty (3o) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WMLK. The MT shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due, :in the went the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. D OSITION AND 0 S. OF DO NTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, Standard Agreement Page 2 of 12 City of Natioaal City and Revised July 2021 SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation, and competence of the CONSULTANT and its employees, Neither this. Agreement, nor any interest herein, may be assi ed by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or biting as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and. CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. :10. COrv.....1114.,LANC WI APPLICABLE. LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S); shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. IL LIC E PE TS ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally Standard Agreement Page 3 of 12 City of National City and Revised July 2021 SOUTHERN CALIFORNIA PRECISION CONCRETE, required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12, A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of -care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years .preceding, been debarred by a governmental agency or involved in debarment, •arbitration, or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is rosponsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes, or treatments identified in project documents prepared for the CITY are reasonably commercially avalable. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the. CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMIN •TION " OVISION The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INF MATT The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such Standard Agreement Rovised July 2021 SOUTHERN CALIFORNIA PRECISION CONCRETE, INC Page 4 of 12 City ofNational City and information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed, in publicly a.vailable sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized, by that third party, The CONSULTANT shall not disclose any reports, recommendations, conclusions, or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. in its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15, 15. 1 AINIFIC ION AND HOLD HA 1 ESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death daily person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneysfees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney, The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16, E.M OVEEPAYMENTS AND IND MNIICATION. 16,1 PERS .1iligibiUy Indemnification. If CONTRACTOR's employee(s) providing services -under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY, CONTRACTOR'S employees providing service under this Agreement shall not: (I) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR Standard Agreement Page 5 of 12 city of Natioal City and Revised July 2021 SOUTHERN CALIPORNIA :PRECISION CONCRETE, INC. notwithstanding any other agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary. 16.2 Liit.tio of rrY Liabi i The payment made to CONTRACTOR under this Agreement shall be the fall and complete compensation to which CONTRACTOR and CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR'S officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave, or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers' compensation insurance on behalf of. CONTRACTOR 163 In emnific tion for Employee _ Paytnpn,.:t§:. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the crry, for work performed under this Agreement. This i§ a continuing obligation that survives the termination of this Agteement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers.' ,Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought, or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts whioh may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement is.. INSURANCE. The. CONSULTANT, at its sole cost and expense, thall, putchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain, throughout the term of this Agreement, the following insurance policies: A. 0 if checked, Professtonal Liability Insurance (errors and omissions) with minimum, limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum .coverage of $1,000,000 combined sink limit per accident. Such automobile insurance shall include owned,non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, emplOyee, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial Getteral Liability Insurance, with minimum limits of either $2,000,000 per -occurrenc6 and $4,000,000 aggregate, or .$1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations,- work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply Stanciard Agreemont Page 6 of 12 City of National City and Revised July 2021 SOU71-IERN CALIFORNIA ?RECISION CONCRETE, INC, solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work wider this. Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E, The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY' s Risk Manager, at the address listed in slibsection G below, of cancellation or material change, F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT 4.01 maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement, G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National- City c/a Risk Manager 1.243 National City. Boulevard National city, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business. in California that hold a current policy holder's alphabetic and financial size category rating of not les$ than ANTI according to the current .Be§t's Key Rating Guide, or a company of equal financial stability that is approved by the car S Risk Manager. In the event coverage is provided by admitted "surplus "surplus lines" 'carriers, they must be included on the most recent List of Approved Surplus Line Insurers . (IASLI") and otherwise meet rating requirements* This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section Min force and -effect at all times during the term of this Agreement, the CITY may treat the faikurpto maintain the requisite insurance as a breach of this Agreement and terminate the .Agreement as provided herein. J. All deductibles and self -insured 'retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the fight to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special:circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY AO be entitled to the broader coverage or higher limits. (or both) maintained by the. CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverageshall be available to the CITY. Standard Agreement Page 7 of 12 City of National City and Revised July 2021 SOUTBERN CALIFORNIA PRECISION CONCRETE, INC, 19, LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any pf tho covenants or :agroemonts or any inaccuracies in any of the representations and warranties on the part of the Other party .arising out of this Agreement, the4 that event, the prevailing party in such action or dispute., whether by final judgment or out-,of-cour( settlement, sh4llbe ientitled to have and recover of and from the other party all costs and expenses of suit, including attorney's fees. For purposes of determining who is :to be considered the prevailing party, it is stipula,ted. that -attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award, AttOrney's fees to the prevailing party if other than the CITY shall, in Addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense .of the action, irtespective of the actual .aniount Of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with. or without cause by the CITY. Termination without 0.1.40 shall be effective only upon 60-.day's written notice to the CONSULTANT. During said 60p-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of A. material breach of this Agreement, raisreprese.ntation by the CONSULTANT in connection with the formation of this. Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivory of written Notice of Termination to the CONSULTANT as provided for hprein* D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, SpeciflOations, and other documents prepared by the. CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to :receive just and -oquioble, compensation for any work satisfactorily completed on :suchdocuments and other materials up to the -effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the. CONSULTANT'S breach,. if any, Thereafter, ownership of said written material shall vest in they CITY all rights set forth it Section 7* E. The CITY farther reserves the right to immediately terminate this Agreement upon: (1) the .filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in. business name, or change in business status of the CONSULTANT. 21. NOTICES. All notices or other contnmications required or permitted hereunder inashall be in writing, pcshall be personally delivered; or sent by overnight mail (Federal Express, or the -like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed Or .cabled delivered or sent by telex, telocopy, facsimile, or fax and shall be deemed received upon the earlier of (i) if .personally delivered, the date of ,delivery to the address of the perm to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mil facility, (iii) if mailed by registered, certified, orordinary mail,Eve (5) :days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, .m411 chute, or other like facility regularly maintained by the United. States. Postal Service, (iv) if given by telegraph or cable, Standard Agreement Page 8 of 12 conatona1 City and Revised Ally 2021 SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. when delivered to the teleaph company with charges prepaid, or (v) if given by telex, telccaPy, facsimile, or fax, when sent. Any notice, request, demand; direction, or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Roberto Yano Director of Public Works/City Engineer Engineering & Public Works City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Kevin Stengel Director of Operations Southern California Precision Cutting, Inc. 320 State Place Escondido, CA 92029 Notice of changeaddress shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given .shall be deemed to constitute receipt of the notice, demand,_ request, or communication sent. Any notice, request., demand, direction, or other communication sent by cable, telex, e c , , facsimile, or fax must be confirmedwithin forty-eight hours letter mailed or delivered as specified in this Section. 22, CO !ACT OF INTE ' ; ST.AND.P's iYTIC • R�RM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City: The CONSULTANT also agrees not to specify any product, treatment, process, or material for the project in which the CONSULTANT has a material financIal interest, either direct or indirect, without first notifying the CITY of -that thot. 'The CO'NSTJLTANT shall at all times comply with the terms, of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shallimmediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section $7103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter o11 which it might peorm services for the CITY. If checked, the CONSULTAT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in 'a time), manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or expenses the CITY may suffer by virtue of any violation of this Secton 22 by the CONSULTANT. Standard gret Page 9 of 12 City of National City. and Rased July 0 1 SOUTHERN CALIFORNIA PRECISION CONCRETE, MC. 23. P V LNG AGE. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720,2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations MI. . RAIL PROVI _MS A. Computation of Time Periods. If any date or time patio(' provided for in this Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday, or federal, state, or legal holiday. B. Counterparts, This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument, C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrum.ent in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights, CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver, The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof II Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San, Diego, State of California. J. Audit, If this. Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment tuider the Agreement, per Government Code Section 8546.7. K. Entire Agreement, This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between. the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Standard Agreement Page 10 of 12 City of National City and R,evind Ally 2021 SOUTHERN CALIFORNIA PRECISION CONCRETE, INC, M. Subcontractors or Subconsuliants, The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. N. Construction, The parties acknowledge and agree that (I) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation, and negotiation of this Agreement, (ill) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting p4rty shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [Signatures on Following Page] Standard Agreement Page. 11 of 12 City of National City and Revised ,July 2021 SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below. CITY OF NATIONAL CITY By: Brad Raulston, City Manager Date: APPROVED AS TO FORM: SOUTHERN ALIFORN A PRECISION CONCRETE, INC., A CALIFORNIA CORPORATION (Corporation — signatures of iwo corporate officersrequired) (Partnership or Sole proprietorship — one signature) By: Riley Baker (Na in e) /e.e9 (Print) Director of Business Development (Title) Date:6129/22 By: Kevin Yocum (Name) /1 Q•v-rsv �y&Gltll& (Print) CFO (Tit Date: 6/291 29 Standard Agreement Page 12 of 12 Revised July 2021 SOUTHER City of National City and CALIFORNIA PRECISION ON '1E, C. wit IN wrrNEss WHEREOF, the parties hereto have executed this Agreement on the date and year written below. CITY OF NATIONAL CITY 13 Brad Raston, City Manager Date: 720:4' wrnitroermIN40 APPROVED AS TO FORM: SOUTHERN CALIFORNIA PRECISION CONCRETE, INC., A CALIFORNIA CORPORATION (Corporation:— signatures of two corporate officers required) (PartriOrship or Sole.proprietorship — one sigiiatare) By: Riley Baker (Name) Director of Business Development (Title) Date: 6/29/22 By: Kevin Yocum ame) tuA/414:0 (Print) CFO Mae) Date: 6129/22 Standard Agreement Revised July 2021 Page 12 of 12 City of National City and SOUTHERN CALIFORNIA PRECISION CONCRETE, INC, SAFE SIDEWALK PROPOSAL National City School Site Surrounding Trip Hazards Prepared for: Don Jasmund The information in this summary and proposal is confidential and proprietary. This document is exempt from release under the Freedom of Information Act and may not be distributed under any circumstances. of 5 Exhibit A 140,4ArcN, • Tr[p Hazer emoval Specialists PROPOSAL AND CONTRACT PRECISION CONCRETE CUTTING 320 State Place Escondido, California 92029 Attention: Don Jasmund Telephone: 19) 336-4586 Company: City of National City Email: djasmund©nationalcityca.gov Project: National City School Site Surrounding Proposal Date: Jun 1, 2022 Trip Hazards Precision Concrete Cutting will furnish all equipment, materials, and labor as necessary to complete the work set forth below: On 27 2 22, our field team inspected walkways at National City School Site Surrounding Trip Hazards. The inspection took 7 days and discovered 371 hazards. The following is our proposal for work based upon your preset project parameters. 2 45 Exhibit A Trip Hazard. Removal .:. Slicing Pia Price El Toyon/ Rancho De La Nancion Elementary City Streets 16 Hazards JR. High School / John Otis Elementary City Streets 154 Hazards Palmer Way Elementary City Streets 35 Hazards Lincoln Acres City Streets 82 Hazards Central Elementary School City Streets 84 Hazards PRECISION CONCRETE CI ETE CUTTING CSLB# 44 RileyBaker, Business Manager Direct: (76 6 -6116 riley@pcctriphazardremoval.com 1 , 780.64 $19,809.14 $57057.41 $13,117.52 $9296.74 SUMMARY OF SERVICES $49,061.45 Date Signature ACCEPTANCE CE F PROPOSAL: The forgoing proposal is accepted and is intended to be binding contract for the performance f the work identified herein. Additional Terms Apply Project: National City School Site Surrounding Trip Hazards TOTAL APPROVED CONTRACT PRICE $49,061.45 (NET 30) In the event of inclement weather, there will be a temporary suspension of work to protect our employees or materials against any damage/injury from the weather conditions, Your business representative will work with you to reschedule on the next available work day. Date Signature (Please print name and title) Exhibit A Customer assistance is requested for the following: • Removing all vehicles and other obstructions out of the work area by 8:00 AM each day. • Turning off automatic sprinkler systems 24 hours prior to work being performed. If the ground is wet, we cannot do work. Notification to residents that Precision Concrete Cutting will be in the area performing sidewalk maintenance work. CLARIFICATIONS • Where bonds are necessary for a particular client/project, all bonding costs incurred by Precision Concrete Cutting will be forwarded to the client for full reimbursement. In the event of inclement weather, there will be a temporary suspension of work to protect our employees or materials against any damage/injury from the weather conditions. • Project to be completed on weekdays. Client to ensure that work area will remain clear of foot traffic where possible. If weekend days are requested, additional fees will be applied. Project will take time to complete. Your business representative will work with you in providing a start date, along with the full estimated time to complete work. • Once expansion joint material is placed and covered, Precision Concrete Cutting is not responsible for damage once our teams have left the job site. Any damage caused to our finished project before complete curing is subject to a Repair Fee, for labor and materials. Please note that we take 2 after pictures of each completed location prior to us leaving the job site. Once concrete patch material is placed, Precision Concrete Cutting is not responsible for damage once our teams have left the job site. Any damage caused to our finished project before complete curing is subject to a Repair Fee, for labor and materials. Note, all concrete is subject to cracking. Routine hairline cracking may not be covered by the warranty. Please note that we take 2 after pictures of each completed location prior to us leaving the job site. • Does not include landscape repair. • Any overgrowth of bushes, plants, or otherwise which block sidewalk maintenance will be cut to allow us to do work properly. HOA and/or property owner will hold harmless, Precision Concrete Cutting in this regard. ARRANT Precision Concrete Cutting guarantees that all work is completed according to industry standards. We agree to correct or repair any of our work that proves to be defective in workmanship or material within a period of one year from the completion of the project without expense to the Owner, ordinary wear and tear and unusual abuse or neglect excepted 4of Exhibit A ADDITIONAL TERMS 1. Expiration of this Proposal. The offer to perform the work for the price and terms set forth in this Proposal and Contract is valid for ninety (90) days. After ninety (90) days, there may be an increase due to materials cost, which Precision Concrete Cutting has no control over. 2. Permits and Fees. This quotation excludes any permits, fees, bonds, engineering, or inspections. Any exclusionary costs will be carried over to the client. 3. Limitations. The parties agree that Precision Concrete Cutting is not responsible for, and may not be held liable for, any loss, expenses, delays, or consequential damages resulting from natural disasters, inclement weather, strikes, lockouts, boycotts, material shortages, material stolen from the work site, national emergency, civil unrest, government shutdowns, stay-at-home orders, pandemics, acts of God, or other factors and causes reasonably beyond the control of Precision Concrete Cutting. . Access to Area of Work. The party accepting this proposal agrees to ensure that the area of work is free of vehicles, garbage bins, storage bins or other blocking items, or water which would prevent the work called for in this Agreement. Should Precision Concrete Cutting be prevented from commencing work because of vehicles, garbage bins, storage bins or other blocking items, or a wet or damp surface caused by sprinklers, landscape runoff or other customer related activity, the accepting party agrees to pay Precision Concrete Cutting the sum of $300.00, which the parties agree is a fair and reasonable calculation of Precision Concrete Cutting's costs for coming to the work site. . Cleaning Expense. The owner understand that the work called for in this agreement is a messy process. The parties agree that Precision Concrete Cutting is not responsible for cleaning, repairing, or replacing any concrete, lawn, street, curb, passageway, carpet, floor, etc., that is soiled or stained by anyone other than Precision Concrete Cutting. . Failure to Make Timely Payments. Full payment on invoices is due thirty (30) days after completion of the project, unless stated otherwise on the proposal. Unpaid balances will accrue interest at the rate of one and on -half percent (1.5%) per month until paid. Client will also pay contractor filing fees and court fees. It is the responsibility of the owner to review all completed work prior to invoice due date. Any disputes after the due date will only be addressed after payment has been made to Precision Concrete Cutting, and the issue to be addressed has been submitted to your account manager, in writing. A mechanics lien will be placed on all projects whose billing reaches and exceeds 100 days. . Complete Agreement. This Agreement is not a "standard form contract." Each party has participated in the negotiations leading to this document. Any presumption that an ambiguity in this Agreement should be construed against the drafting party is hereby waived. These "additional terms" supersede any conflicting terms in any other documentation. . Warranty. One-year warranty on materials and workmanship NOTICE T OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceeding, for all or part of your property being so improved will be placed against the property for any past due invoice that reaches and exceeds too days. Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contract may be referred to the registrar of the board whose address is: Contractor State License Board, 9835 Goethe Road, Sacramento, California 95826. of Exhibit A CERTIFICATE OF LIA THIS . Tt i.CAT IS ISSUED AS A MATTER INFORMATION OWL' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSI1TU REPRESENTATIVE PRODUCER, AND THE CERTIFICATE. HOLDER. . . . IMPeuORTANT if the certificate holder is an ADDMONAL INSURED, the the terms and conditions of the policy, certain policies may require an certificate holder In It u of such endorsement PRODUCER Burnham WGB Insurance Sl it n CA Insurance Lin .15901 Red Hill Avenue Tustin GA 92 INSURED Southern California Precision Concrete, Inc. Dloa Precision Concrete Cufting 32428 Campo Drive Temecula CA 925 2 COVERAGES O TH4 BILITY r AND EXTEND re poIt idorsomont toAt CONFERS OR A. CONTRACT i must Andrea INSURANCE NO RIGHTS UPON THE CERTIFICATE ALTER THE COVERAGE AFFORDED BETWEEN THE ISSUING I be endorsed. If SUBROGATION IS A statement on this certificate does not Main,, DATE (MM/DOIrritY) 6/29/2022 HOLDER. TH1S BY THE POLICIES S : AUTHORIZED WAIVED, subject to confer rights to the Raw ADD _T —T T�� �yLiiRC�j..TnT1T�1/� r�.y /�yy Ew q EF F FIR RLIO #.# 1 r pi V A lw _NMI...,INSURE 240613 2 INSURER :.Arrow Ire and Casual Co.....� ,.._.. ................ tto.AbiLii_ hi S arittkLst r nce Co . INSURER 0 : Mesa _ _Ia � . 3038 INSURER E R IN` j �y lid SIR P + REVISION NUMBER HHIS IS TO GERTIFy THAT THE POLICIES INSURANCE LISTED BELOW HAVE OPEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY Proliop I DI AT I1 NOTWITHSTANDING' ANY REQUIREMENT, . CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RES.PVOT TO WHICH THIS CERTIFICATE MAY ISSUED Off. MAy PERTAIK THE I $ I ANAFFORDEDTHE I G LU S � I8 D I l SUBJECT ALL THE` , EXCLUSIONS AND . I `1 $ U . LII I . UU ITS SH E MAY HAVE_BEEN REDUCED . AI CLAIMS,Po dY EX TYPE OF rusimANce. CERTIFICATE NUMBER: 778591686 COMMERCIAL OENEIRAt.LIRmLI?'Y Y Y MP010441600U1S9P8 5/1512022 CLAIMS -MADE OCCUR ENt AEM, AGGREGATELI IT APPLIES PER: P li Li LO T MF : Deductible AUTOMOBILE LIABILIrt - ANY M 1 ALL OWNED AUTOS HIRED A TO EXCESS LI I CLAIMS -MADE 0 RETE ION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ' N ANY C 1 #CRIPA 'I . I..JECI l OFFICER/MEmeeR EXDD (MAndatm In NH) If:ye$4 dOctibe under E RI` ON OF *F `. 11CN b;t* i /2022 0F'I 1022 B _ 6 YY' B 1 3 S6i 76 O T $90 LIMITS 5/1512023: IAH accuRRENce MID ExPiAny ono parson) PER NAL.Yl AIN INJURY GENERAL A ATE PRODUCTS -COMP/OP AGG 611612023 I! 1112T2. . EACH # OCR4 NCE AGGREGATE 61212023 .I.. DISEASE„ EAR EMPLOYE ... DI EASE * POLICY LIIVIIT 1,009100.0 loo,poo 1 1...rp.. 7-na 1,000,000�...... _... 100 000 DESCRIPTION OF OPTIONS 1 LOCATIONS / VEHICLES (A0oRDIO‘AddItitinal . lark Schedalat attached If more *ice to required) The City of National Pity, Itsits.elected offi0a1$1oftioerso agents, employees and volunteers are named as additional Insured n the Auto and General i biii r attached A - 0 '1 ,. S 01 01 1 1 and CG . 4 �1 . required bywritten. contract subject tothe.t r and conditions thepolicy, 1t� ver of Subrogation ties to the Workers' 'Compensation .0 per attached W � _ CERTIFICATE HOLDER CANCELLATION City Of National City. Rlsk. tanager 1243 National City oul r National City CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANcELLEDBEFORE THE EXPIRATION DATE THEREOF• NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY .P vi iO # s AUTHORIZBD REPRESENTAVa A 1/) 1988-2014 ACORD CORPORATION.. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:. 10010401600018906 COMMERCIAL GENERAL LIABILITY CG. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT{S):;. GENE AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART SCHEDULE -art•r wr�r+gr..ryq+xwr>r-+wvw�antit..` Designated' Construction r •t. # . " covered .by thi.sy is -subj eat to a separate General Aggregate per the m b is fartheragreed that the maximum aggregate limit that 'this polity shall be subject. the fatimber of ..ciaimp or Information required to complete this Schedule, if not shown above, will be shown in the Declarations. . For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I —. Coverage A, and for all medical expenses caused by accIdents under Section I Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: n A •separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project and that limit is equal to the amount of the General Aggregate Licit shown in the Declarations. 2 The Designated Construction Project General Aggregate Unit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury's or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C re- gardless of the number n Insureds; . Claims made or"suits" brought; or ,. Persons or organizations making claims or bringing "suits". CG 26 03 3 Any . payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project Such payments shall not reduce the General Ag- gregate Limit shown In the Declarations nor shall they reduce any other •Designated Con- struction Project General Aggregate Limit for any other designated . construction project shown in the Schedule above. . The limits shown in the Declarations for Each Occurrences Damage To PremisesRented You and Medical Expensecontinue to apply. Howevers instead of being subject to the ..Gen- eral Aggregate Limit shown in the I r - tin1. such limits will be subject to the ale Designated Construction Project General rot B. For all sums which the insured becomes legally obligated to pay as damages caused .by " ccur- r noe" under Section 1 Coverage A, and for all medical expenses caused by accidents ..under Section Coverage C, which cannot be attrib- utedonly to ongoing operations at a single desig- nated construction projectrn In the Schedule above: Insurance Services Office, Inc., 2008 Page 1 of 2 =MED • • -. � LA N F • I Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is .applicable; and 2 Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate imit, C. When coverage for liability arising out of the "products -completed operations hazard" Is pro- vided, any payments for damages because of "bodily injure or "property damage" Included in the "rt-completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General re - gate Limit nor the Designated Construction Proj- ect General r . Limit. 1 If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or If the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction proj- ect E. The provisions of Section I — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 26 03 06 09 0 Insurance Services Office., Inc., 2Page 2 of 2 COMMERCIAL AUTO - AC 85 43 06 18 THIS ENDORSEMENT CHANGES THE• POLICY, PLEASE READ IT CAREFULLY. LIFORNIA BUSINESS AUTO .oveRAGE rENHANCEMENr:-ENDORSEMENT..: .• Thls enclorOni6ntrnodlfies in$urande provided under the following: . BUSINESS AUTO COVERAGE FORM , With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the MI% this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX WADI P , IS101.1.yjaga. ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY .CONTRACT, AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS .20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL .AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee. Hired Auto) EXTRA EXPENSE - BROAMNED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY .22 HIRK) AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) LOAN / LEASE GAP .(Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES. PARKED AUTO COLLISION .COVERAGE (WAIVER :OF DEDUOTIBLE) 17 PERSONAL EFFECTS COVERAPE 11 PHYSICAL DAMAGE ACOTIONAL TRANSPORTATION EXPENSE COVERAGE 8. PHYSICAL DAMAGE DEDUCTIBLE. - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL rimmBURSEMENT .9 SUPPLEMENTARY PAYMENTS. TOWING AND LABOR TWO OR MORE DEDUCTIBLES la UNINTENTIONAL .FAILURE TO DISCLOSE .HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION 11dm LIABILITY COVERAGE is amended as follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION 11mi LIABILITY COVERAGE1 Paragraph Ail. Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation, However t "Insured" does .not include any organization that (1} Is a partnership or joint venture; or (2) Is an "insured" under any .other automobile policy except a policy written specificall y to apply In excess of this 'Policy; or (3) Has exhausted Its .Limit of Insurance or had tts policy terminated under any other automobile policy. AC 85 43 06 18 © 2018 Liberty Mutual losurarice includes copyrighted material of Insurance Services Office, Inc" with its permission, Page 1 of INSIE Coverage under this provision d. does not apply to "bodily Injury" or "property damage' that occurred before you acquired or formed the organization, 2. EMPLOYEES AS INSUREDS SECTION II I ILE F COVERAGE, Farm r . Milo, I 1n Insured i amendedto include the. AiF ll * - '* � '�.. .,.. e• Any "employee" :Qt.:y r .:. il. : rl . .. d.x" r . to"` y -' Apt t :ry r ; ' hire. . r. borrow . but. only for acts .within } the y RiT/�.. H VMof 11• fey } 1. _ . . , Iiikir'afibil..-Voiirded b•' th16. 'eridor66Meht is over any other Insurance available to any "employee". fu Any "employee" Of yours wh.iI. • 'operating .an �4 t " hired r borrowed 'u id r written r .or r m nt i that " r pk , ' name, with .your permission, while performing duties related to the con of your business. and w thin the scope of their e.mployrniont.. Insuranceprovided by this .endOrsement i excess Over 'any other insurance available to the "employee. . * ADDITIONAL INSURED SY CONTRACT, AGREEMENT OR E IT SECTION II - LIABILITY COVERAGE, Paragraph ... Who Is An Insured Is amended to include the following an"insured": Any person or organizatton .with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, Britten agreement/ or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority. to this policy as an "Insured". However, such person or organization is an "insured": Only with respect to the operation, maintenance or use of a covered "auto"; Only for "bodily injury" or "property damage" caused by an "accident" whfoh takes place after you executed the written contract or written agreement, or the permit has been issued to you; and Only for the duration of that contract, agreement or :permit. The "insured" is required to submit a claim to any other Insurer to which coverage could apply for defense and inclemnIty, Unless the "Inure" has agreed in writing to primary noncontributory wording per enhancement number 2, this policy is excessover any other collectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II LIABILITY COVERAGE, Coverage Extensions., 2.a. Supplementary Payments , Paragraphs (2nd (4) are replaced by the following: (2) Up to 3t o for cost of bail bonds (including bonds for related traffic violation required because of "accident" we cover. We o not have to furnish these bonds. Ali reasonable expenses incurred y the "insured" at our request, including actual loss of earnings up t 500 a day because .of time off from work. 5. AMENDED FELLOW EMPLOYEE. EXCLUSION In those jurisdktioris where, by law/ :fellow "employees" are not entitled to the protection afforded to the employer by the workers oompensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers opntio. insurance in force for all of your "employees" at the time of "loss", This coverage is excess over any other collectible insurance, SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III PIMICAL DAMAGECOVERAGE, is amended adding the following:. If htred "autos" are covered '''autos" for Liability Coverage, and if Comprehensive/ Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any ." auto" you own, then the Physical Damage coverages provided are extended to "autos": ' AC 85: 201a Liberty Mutual insurance includes .c yrito material of insurance .Services Officeg Inc, with its permission, Page a. You hire, rent or borrow; or b. Your '"employee" hires or rents under a written contract or agreement In that "employee's" name, but only if . r rilvehicle is being used in the conduct of your b.usiness, subject to the following limit and 'deductible: ,__._.. w �...._ _ .,N �. �. .. _ . • a. The most we... will„pay.fer "l( !" ' ...any one ." i nt" or "loss" js the . smallest. f:. (1) $5 ;o ;. , r M...._ r... The actual cash value of the damaged or stolen property as of the time of the "loss"; or The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will.. be equal to the largest deductible applicable to any owned "auto" for that coverage. o•. Subject to the limit, deductible and excess provisions described in this provision,. we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of 1, per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial in 1KY This coverage extension does not apply to: Any "t" that is hired, rented or borrowed with a driver; or 2) Any "auto" that is hired, rented or borrowed from your "employee" " r any member of your "employee's" household. Coverage provided under this extension is excess over any. other collectible insurance available at the time of "loss". 7. TOWING AND LABOR SECTION III -PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" ", or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to 55 per disablement. b* For "fight trucks", we will pay up to' 5 per disablement. "Light trucks" are tacks that have a gross vehicle weight (GVW) of 10,000 pounds or less, c. For "medium trucks", , 1 will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -.20,000 pounds. However, the labor must be performed at the place' f disablement. 8. PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph . * . Coverage Extensions, Transportation Expenses of SECTION 111 PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of per day. and .a maximum limit of $1,500. . RENTAL REIMBURSEMENT SECTION III PHYSICAL DAMAGE COVERAGE, . A. Coverage , is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for ' the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss. or Collision Coverages. We ill pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b, Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many oases may be bst nti lly less 'than $75 per day, and wilt only be allowed for the period . f time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses Incurred by you to remove and replace your toots and equipment from the covered "auto". This limit is excess over any other collectible insurance, AC 85 43 06 18 2018Liberty'Mutual Insurance Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 3 of 7 d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation ..cannot#' -. 314 e. If "loss" results from the total theft of Ja will '�+ YY pay under this coveraget tiiir,ir y tir fixtienses 'Which is not . already provided under Paragraph ., C r .. J ; . f, deductible ap.plis t9 this coverage, g. The insurance provided under this extensionis excess over any other collectible insurance, If this policy also • provides Rental Reimbursement Coverage you . r h a d, the coverage provided by y this Enhancement Endorsement is In addition to the coverage you purchased. For the purposes of this endOrsement provision, materials and equipment do not include "personal effects" as defined In r vi i 'KB, EXTRA EXPENSE p• BROADENED COVERAGE Under SECTION III PHYSICAL DAMAGE COVERAGE, Al Coverage we will pay for the stolenreturning a . covered auto you. The maximum amount we will pay is $11000. PERSONAL EFFECTS COVERAGE A. AC 85 3 06 18 1, SECTION N. PHYSICAL DAMAGE COVERAGE, A. Coverage , is amendedby adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that ° .utc" is stolen, we will pay, without application of a deductible, up to $600 for ."personal effects" stolen with the 'auto.' The insurance provided under this provision is excess over any other collectible insurance. B. SECTION 44 DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects' mean tangible property that is worn or carried by an "insured." "Personal effects" does not Include tools, equipment, jewelry, money orsecuri- ties. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III PHYSICAL DAMAGE COVERAGE, B. Exclusions Is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" " relating to mechanical breakdown does not apply to the accidental discharge ofan airbag. Any insurance we provide shall be excess over any other collectible, insurance or reimbursement by manufacturers warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13, PHYSICAL DAMAGE DEDUCTIBLE VEHICLETRACKING i SYSTEM SECTION Iit *4 PHYSICAL DAMAGE COVERAGE, D. Deductible, Is amended by adding the following: Any Comprehensive Deductible shown in theDecl r tior will be reduced by . % for any loss" caused by theft If the vehicle Is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that devicewas the method of recovery of the vehicle 1 w AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III PHYSICAL DAMAGE COVERAGE, EL Exclusions, Paragraph as of the exception to exclu- sions .c. and 4.cl.. is deleted and replaced with the following: Exclusions 4.0, and 4,ti do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" t the time of the "loss" or removable l from housing unit that is permanently installed: in the covered "auto"; and Designed to be solely operated by use from the power from the " t '. " electrical system.; and (3) Physical damage .coverages are provided for the covered "auto", if the "loss" occurs solely to audio, visual or datael troni equipment 'or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged . or stolen property wifl be reduced by a i 1� deductible. 20T8 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Officei1m%; with its permission, Page 4 of 1 ,, LOAN 1 LEASE GAP COVERAGE (Not Applicable. In New York) i Paragraph C. Limit' Of insurance Of t5CTION III 4. PHYSICALDAMAGE COVERAGE is amended by addhig-the, following: • -"x "� , ... �`n ���. �... will ��y for�� � � .:. �� � covered owned by -or :„leased ._..to- in one - NcirIt... Is the greater of the: . Balance. due .under the terms of: the loan ... rlease to while... . the „damaged covered .._ "auto' is subject at the time ..of the floss' less the amount f: a. Overdue payments and financial penalties assocleted with those payments as of the date of the "loss"; bo Financial penalties imposed under a lease due to high .mileage, excessive use or abnormal, wear and tear; Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Phial payment due under a "Balloon Loan"; fi The dollar amount of any. unrepaired damage which occurred prior to the. "total loss" of a covered "auto"; o S urity deposIts not refunded by a lessor; o Ali refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on covered "auto"; io Any amount representing taxes; J. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in et rr inln the actual cash value at the time of the loss", This adjustment is not .applicable In Texas, B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves .as collateral, or lease written on the covered "auto" that Incurred the "loss's. C. SECTION V DEFINITIONS is changed by adding the following: As. used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the terrm of the loan, thereby ririn.g a large final payment 1 .. GLASS REPAIR- WAIVER CTI Paragraph . Deductible of SECTIONNii - PHYSICAL DAMAGE COVERAGE. is amended by the addition of the following* No deductible applies to glass damage if the glass is repaired rather than replaced, 17 PARKED AUTO COLLISION •COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph . Deductible of SECTION III PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to loss" caused by collision to such covered "auto" of the private passenger type r light weight truck with a gross vehicle weight of 10,000. l or .lessas defined by the manufacturer as maximum loaded weight the "autos Is designed f . carry while it is: a. In the charge of an "insured"; Legally parked; and Unoccupied. 20181.11)04 Mutual Insurance AC 86 43 06 18 Includes copyrighted material of Insurance Services Office, in,,it its permission. Page The loss" must be reported. to the police authorities within 24 hours of known damage. The total amount of the damage--- to the -:covered 'auto".. - must . exceed ..-the - deductible shown in the DeT I r i 7■ i This provision.-... - d s not ....apply to -any loss" :. if -the covered "auto" is in the charge of any person or organizati9n enopoef4in the p,ut9inoblie.business. 187 TWO OR.. .E CT"I S i Under SECTION III - PHYSICAL DAMAGE o RAGE, if two or more company policies or coverage forms apply to the same "accident", to following applies to Paragraph Do Deductible ao If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the moun of the smaller (or smallest) deductible; or i if the "loss" involves two or more Business Auto coverage forms or policies, the •smaller (or -smallest) deductible will b waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV BUSINESS AUTO CONDITIONS is amended as follows: lap UNINTENTIONAL FAILURE TO DISCLOSE HERDS SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph « ., is amended by adding the following: if you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inc- tin date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 2O .AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A92pa. is replaced in its entirety by the follow- ing: in the event of "accident",, claim, "suit" or "loss", you must promptly ptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; 3 Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: Now, when and where the "accident" or loss" took place; The "insured' " name and address;- and The names and addresses of any injured persons and witnesses, 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A050 Transfer Of Rights Of Recovery Against Others To Us, is amended by the .dition of the following; If the person or organization has in a written agreement waived those rights before an "accident" r "loss", sfi", our rights are waived also. 22• HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition - f the following: fi For "autos" hired 30 days or less, the coverage territory is anywhere in. the world, provided that the Ins r d' " responsibility to pay for damages s determhi d in :a "suit", on the merits, in. the United Staten the territories and possessions of the United States of America, Puerto Rico or Canada or In a settlement we agree to. .2018 Liberty Mutual Insurance 06 18 Includes .c p ght material of Insurance Services Office, , Inc, with its permission. Page 6 of This : extension of coverage does not apply to an "auto" hired,leased, rented or. borrowed •with a.... riven 23. PRIMARY AND NON-CONTRIBUTING, IF REQUIRED BY. WRITTEN CONTRACT WRITTEN AGREE- MENv ........ The following...'added tO SECTIO4 'I -'13LISINESS)kuto''OONDITIONS, General Conditions, 8,6, Other Insurance. and supersedes any -provision to the contrary: This CoverageForms.....Covered Autos. Liability Coverage is primary to and will not seek contributron from any other insurance available to an "Insured" under your policy provided that: Such "Insured" Is a Named Insured under such other insurance; and 2. You have agreed in a written contract. or written agreement that this Insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION FI I `I NS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS , Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shook, fright or death resulting from any :of these at any time, 2018 Liberty. Mutual Insurance AC 85 430618 Includes •copyrighted. material of Insurance Services k% Inc.; with its permission.. . . Page MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY Policy No. MP010401600018906 THIS ENDORSEMENT -CHANGES THE POLICY, PLEASE READ IT CARFULLY...._.._ .. - At i-,PRIIVIARY NONNCONTRIBUTORY Aft - WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Blanket. Additional Insureds As Requir* d By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION 11 x4 WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you have ,agreed i a written contract., written agreement or written permit that such person or organization be added as an additional insured .on your policy. Such person or .organization is n additional insured only with respect to liability for °bodily injury" r "property damage" orx to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" caused, in whole or in part, by: Your ongoing operations, 'your product", or premises owned or used by you; With respect to the Insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily iiy injury", 'property damage' or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" arising out of the rendering of, or the failure to render, ony professional architectural, engineering or surveying services by or for you, including: a, The preparing,approving, Or failing to prepare or approve., maps, shop drawings, opinions, reports,. surveys, field orders, change orders or drawings and specifications; and , Supervisory, inspection, architecturalor engineering aaivities.. This exclusion applies even If the claims againstany insured allege negligence r other wrong -doing in the supervision, hiring, employment, training or monitoring others by that insured, if the "occurrence" which caused the "bodily injury". r'property damages"., or, to the extent applicable under the Coverage Part to which this endorsement applies the offense which caused the "personal and advertisinginjury", involved the rendering , or failure to render, any professional architectural, engineering or surveying services. 2v Your maintenance, operation or use of equipment, other than aircraft, "auto" or watercraft rented or leased to you by such person or organization. A person or r niz ti n#a status as an additional Insured under this endorsement ends when their contract, or agreement with you for such rented or leased equipment ends. With respect to the Insurance afforded to these additional insureds, this: insurance does not apply to any "occurrence'which takes place after the rental agreement or equipment leaseexpires. The provisions of this coverage extension do not apply unless the written contract or written agreement has been executed (executed means signed by the named Insured) owritten permit issued prior to the °bodily injury° or "property- damage' or, to the. extent .applicab1e under the Coverage Part to which this endorsement applies, "personal and advertising Injury. S 01 01.2 31 xour ed Copy Page 1 of 2 Primary and Non4ontributory Provision • • The ll wi . l :: d I, . Paragraph ,� .r Insurance, „ Excess Insurance under SECTION COMMERCIAL GENERAL LIABILITY CONDITIONS: • This irTr hll .'' itx..ja-ny -Or► Or organization included as an additional insured rx i ... oli yl-a y otherinsurance.that person or organization has shall be primary with respect to this insurancep., o f 1 The iti . l insured is Named Insured under such other insurance; 2) You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary andfor non-contributory basis; and 3 written contract or writtenagreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injurr or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury", Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph Transfer of Rights Of Recovery Against Others To Us under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: We wilt waive any right of recovery wo may have against a person or organization because of payments we make for ' "bodily injury' or "property damage" arising out of your ongoing operations or °your work' done under .a written contract or written agreement and included in the 'products -completed operations hazard}"., if: 10 You have agreed to waive any right of recovery against that person or organization In written contract or written agreement: 24 Such person or organization is an additional insured on your policy: or 3: You have assumed the liability ofthat person or organization in that same r i and it is n "insured contract". The section above only applies to that person or organization identified above, and only. if the "bodily injury" or °property r ` occurs subsequent to the tl n of the written contract or written agreement. All other terms and conditions of this policy remain unchanged. MU$ 01 01.20128 0316Page 2 of 2 WORKERS COMPENSATION D EMPLOYERS LIABILITY INSURANCE POLICY ."ct t"64'fiettOVEIA'titdrui 6AbildFINIA WC 04 03 06 (Ed, 04434) We have th_e right tcyreggyq pgtsejlurtA.from..pnyqnq-Jigl?lqfor (This t i V ii1 t ri r - 4-x�ur r�r ht in the' r orsCFIij�Err{��pww�}/x�,� �-� .,...._�:extent that you perform work under a written contract that requires uiryou t obthin this agreement fromusi) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be &ICA of the California worl r' compensation premium otherwise due on such rrnrin, Person or Organization Any person or organization as required written contract Schedule Job Description This endorsement changes the policy to which it is attachedand is effectivethe date issued unless otherwise stated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy,) Endorsement Effective Date: 2/2 22 Policy. No.: CST5023590 Endorsement Nox Policy. Effective Dates: 062 2 2 06212 23 Insured: Southern California Precision Concrete, Inc Carrier Name Code: Benchmark Insurance Company WC 04 03 06 Countersigned by (Ed,. 04-84) 1984 National Goes! on Compensatton Insurance, inc. Page .1.. f I